Expedited Constitution of Tribunal‌ Sample Clauses

Expedited Constitution of Tribunal‌. Some international arbitration rules provide that under some circumstances the administering institution may expedite the constitution of the tribunal or the appointment of the sole arbitrator. The circumstances that would warrant the administering institution’s intervention for such a purpose presumably differ from the circumstances that would warrant the appointment of an emergency arbitrator. For example, the expedited appointment of the tribunal or sole arbitrator might be warranted when there is a greater imperative for the issuance of the final award in the arbitration proceeding at an earlier date than otherwise would be possible. If the applicable rules do not provide for the expedited appointment of the tribunal or the sole arbitrator, the parties can include a provision in their arbitration agreement allowing such an expedited appointment. Before they do, however, they should consider whether such a provision might unduly impair their ability to vet arbitrator candidates who will decide disputes relating to their contract and, further, whether the related expedited process might limit their ability to fully prepare for the early stages of the arbitration proceeding. Any provision allowing for the expedited constitution of the tribunal or the appointment of the sole arbitrator should specify that such expedited appointments should only occur when the applying party has demonstrated the existence of exceptional urgency or has satisfied some other standard that justifies the expedited appointment process.
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